06/11/2025

How Long to Retain Resumes and Applications

There are major federal laws that address how long to retain them

HR Question: We've received a lot of resumes recently – some for positions we've posted and some unsolicited. Do we have to keep all these resumes, and if so, how long do we need to retain resumes and applications?

HR Answer: Best practice is to retain all job applications and resumes – solicited or unsolicited – for a minimum of two years from the date of the hiring decision. Although most records only need to be retained for one year, there are a few reasons why retaining them for two years can provide greater security. Employers are responsible for following all federal laws under which they are covered, as well as any contractual requirements (e.g. union contracts) for all record retention.

Major federal laws that address how long to retain applications and resumes include:

• Title VII of the Civil Rights Act of 1964

  Requires employers to keep various employment records, including job applications, for one year from the date the application was received.

• Age Discrimination in Employment Act

  Requires employers to retain employment applications for one year. There is language, however, that indicates if you are aware the applicant is over age 40, you should retain it for as long as two years.

• Americans with Disabilities Act

  Requires employers to retain job applications and documents for one year. Some variation exists based upon whether or not the applications are solicited or unsolicited, but the maximum retention is two years.

• Executive Order 11246

  Record retention as related to government contractors includes the retention of applications for two years. As of January 2025, however, that executive order is no longer technically "in effect." Until we fully know the impact of applicant record retention, it is recommended that you stay with the two-year retention period. Federal contracts formerly subject to OFCCP’s requirements on recordkeeping are still subject to overlapping requirements from Title VII and EEOC.

Please select this link to read the complete article from Clark Schaefer Strategic HR.